Fish and Game Code 2016

stalker85

Member
Joined
Mar 8, 2008
Messages
19
Reaction score
0
I was hunting a couple of months back in some land my buddy runs and the owner permitted him to kill pigs. Well we get out there and I try to follow his directions to the spot. We had apparently got lost and dont find the field he was talking about. We tried to back track and ended up some where else. We stop and talk to a worker to try to get directions out to the main road. He begins to question us and asks for our hunting licenses , so we cooperated. We leave about two months later fish and game is at my door asking questions. I answered every question, they agreed it was mistake and said no complaint would be filed. I am about to leave for boot camp and get a letter today that a complaint was filed against me (misdemeanor). What can I do we didnt fire any rounds or kill any pigs? There wasnt any barbwire fences dividing the different area or trespassing signs. I am a more mad at the fact that they gave me there word nothing was going to filed and knew I was due to ship out. What if i would have shipped early and this came up, I would have been discharged.
 

stalker85

Member
Joined
Mar 8, 2008
Messages
19
Reaction score
0
Yes to be in court in nearly a month. I am due to ship in less than two weeks, so I called the courts and am on the schedule for tommorrow.
 

tmoniz

Banned
Joined
Sep 27, 2002
Messages
3,908
Reaction score
1
Did you have written permission from the landowner signed by him or her to hunt the property?
That is mandatory.
That would have been the only thing I would have shown the worker.
I wouldn't have shown the worker the license.
He's not in control of the property.

I would give the DFG a call. I'm sure based on your situation they would cut you some slack.

There are different types of trespass.
I'm sure the lawyers floating around here can clarify that better than I.

There may be just a fine of some sort. And possibly nothing criminal.
 

stalker85

Member
Joined
Mar 8, 2008
Messages
19
Reaction score
0
We were not in the landowners area that worker belonged to a different ranch we happened to bypass on our way to the main road.
 

tmoniz

Banned
Joined
Sep 27, 2002
Messages
3,908
Reaction score
1
Yeah Stalker I do.
It was in Wyoming and it cost me 200 bucks.
I didn't plead guilty. I just accepted the fine and moved on.

Good Luck.
 

Hartseeker

Well-known member
Joined
Jan 30, 2008
Messages
223
Reaction score
0
I don't think calling the DFG will help. He's been charged and summoned to court. It's in the district attorney's hands, not the DFG's.
 

rcrosby

Well-known member
Joined
Oct 25, 2004
Messages
1,358
Reaction score
18
I agree with Hartseeker, you are best to call the district attorney or go down to their office. Why did you show the worker your license in the first place?
 

stalker85

Member
Joined
Mar 8, 2008
Messages
19
Reaction score
0
I was to meet with the guy who did have letter there but we went MIA on him. The worker had acted like he was owner and began questioning us. It wasnt until I got to town I found out he was just a worker.
 

Hartseeker

Well-known member
Joined
Jan 30, 2008
Messages
223
Reaction score
0
By the way, have you told your recruiter? I'm sure this kind of thing happens often and your recruiter can probably give you advice on what to do.
 

stalker85

Member
Joined
Mar 8, 2008
Messages
19
Reaction score
0
I will pay the fine it that is all that it takes. I, however, will not take a guilty plea. I called the courthouse and they scheduled me for tomorrow instead of at the end of this month. I just got all my traffic citations settled, the military background went smoothly, and now this.
 

Caninelaw

Banned
Joined
Oct 22, 2002
Messages
3,601
Reaction score
66
<div class='quotetop'>QUOTE </div>
Trespassing: If the land you hunt on is not your own, it belongs to someone else. Make sure you
have a legal right to be there. Contact the owner or person who administers the property, and secure
written permission to hunt. A hunting license does not entitle you to enter private property.
“It is unlawful to enter any lands under cultivation or enclosed by a fence, belonging to, or occupied
by, another, or to enter any uncultivated or unenclosed lands, including lands temporarily inundated
by waters flowing outside the established banks of a river, stream, slough, or other waterway,
where signs forbidding trespass are displayed at intervals not less than three to the mile along all
exterior boundaries and at all roads and trails entering such lands
, for the purpose of discharging
any firearm or taking or destroying any mammal or bird, including any waterfowl, on such lands
without having first obtained written permission from the owner of such lands, or his agent, or the
person in lawful possession thereof. Such signs may be of any size and wording, other than the
wording required for signs under Section 2017, which will fairly advise persons about to enter the
land that the use ot such land is so restricted
.” (FGC 2016)[/b]
You said no sign? Sounds like 2016 might not apply then.
 

stalker85

Member
Joined
Mar 8, 2008
Messages
19
Reaction score
0
I was going to give him a call but I dont want to get him jumping to conclusions. I gave him my word that I had no pending citations and then this pops out of nowhere. I hope I can get this resolved, my traffic fines were tough to get waived because I had a three when I was 18. One of those fines was streetracing, it caused us to have to do more paperwork.
 

Hartseeker

Well-known member
Joined
Jan 30, 2008
Messages
223
Reaction score
0
Actually, the more I think about it the more I highly recommend you tell your recruiter. Not only does he need to know but, like I said, these things happen and recruiters know the people to call to get things like this settled so their recruits can get off to boot camp on schedule.
 

tmoniz

Banned
Joined
Sep 27, 2002
Messages
3,908
Reaction score
1
That is true Hart.

He is being charged by the DFG with what is normally termed as "Hunting Trespass."
It was not maliciously intended nor frequent.
But that was a good idea him contacting the district attorney to possibly get the details of the charge by the Fish and Game and hopefully not from the County.

Just oral permission does not help his cause. He must have written permission in hand from the landowner.

But on the other hand. There is a legal criteria for posting a "fenced" property with signs of a certain size every mile of fence.
 

stalker85

Member
Joined
Mar 8, 2008
Messages
19
Reaction score
0
I called him and he was a bit upset. He stated with how the courts and DAs are he is not sloowed to get into anything that could possibly change the result of a ase.
 

tmoniz

Banned
Joined
Sep 27, 2002
Messages
3,908
Reaction score
1
So Stalker85. You did not have written permission in hand. And got lost on some farm property.
With no fences and trespassing signs.
 

stalker85

Member
Joined
Mar 8, 2008
Messages
19
Reaction score
0
After we decided to turn back we noticed some fences but did not cross into their boundaries. There was absolutely no sign and we never got off the truck. I did not have the permission slip on hand.
 


Top Bottom